Deportation Defense Attorney New York Removal Terminated

Upon inspection by U.S. Customs and Border Protection, immigration officers identified a prior New York criminal conviction from over a decade earlier and detained the client for secondary inspection.

The conviction, which resulted in probation rather than incarceration, had never previously interfered with the client’s immigration status or green card renewals.

Despite this history, the client was issued a Notice to Appear and placed into removal proceedings under Immigration and Nationality Act §237(a)(2), alleging removability based on a criminal ground of deportability.

The legal team pursued vacatur of the conviction under New York Criminal Procedure Law §440.10, arguing that the plea was constitutionally defective due to ineffective assistance of counsel.

The motion established that defense counsel failed to advise the client of clear immigration consequences, contrary to standards articulated in Padilla v. Kentucky and adopted by New York courts.

The criminal court granted the motion, vacated the conviction, and dismissed the accusatory instrument, effectively eliminating the criminal basis for removability.

The Immigration Judge determined that, following vacatur under CPL §440.10, the respondent no longer had a qualifying conviction under INA §101(a)(48)(A).

As a result, the court held that the Department of Homeland Security failed to meet its burden of proof under INA §240(c)(3).

The removal proceedings were formally terminated, restoring the client’s lawful permanent resident status without restriction.

The legal team prepared the N 400 application with detailed disclosure of the vacated conviction and supporting court orders.

During the naturalization interview, counsel accompanied the client and addressed USCIS questions regarding criminal history and good moral character under INA §316(a).

The application proceeded without further issue, positioning the client for full integration as a U.S. Citizen.